How Will the Government Shutdown Affect Immigration Filings?

(Updated 10/1/2025) As of today, October 1, the U.S. government is shutdown. Fortunately, this does not mean that all is lost (or on hold) for U.S. immigration filings.

USCIS: USCIS is open and operating. This means that the government shutdown should not cause delays with USCIS filings, and that if you have an appointment with a USCIS office, you should show up for that appointment as scheduled. In addition, we can keep submitting filings to USCIS as normal.

Department of Labor: The Department of Labor is closed during the government shutdown. During past shutdowns, the DOL's FLAG website, where we submit immigration-related filings such as prevailing wage requests, LCAs, and Form 9089 for PERMs, has been static meaning users will are unable to submit or access information. DOL has also indicated that they will not process or accept any immigration-related filings including prevailing wage requests, labor condition applications (LCAs) or PERM applications.

Note: Because DOL will not accept LCA filings, it may not be possible to start new H-1B cases for the time being. If you need to initiate an H-1B extension, transfer, amendment, etc., please contact our team for additional updated advice on how to proceed.

Customs and Border Protection (CBP): Ports of entry will remain open, but applications that are filed at the border may be impacted. If you are planning to submit an immigration application (such as a TN) at the border or port of entry, please contact our office for additional guidance.

US Department of State: Visa and passport operations will remain open. However, DOS will monitor funding, implying that they may need to cut or limit operations later depending on how things go.

We will continue to post any updates or changes as we receive information.

Keep your chin up (and plan ahead)!

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.

We are immigration lawyers in Richmond, VA, but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.